Sunil Kumar @ Piyush Gaurishankar ... vs The State Of Maharashtra And Anr
2022 Latest Caselaw 10568 Bom

                                              1/2          15-IA-2968-22-IN-APEAL-ST-14895-22.odt




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.2968 OF 2022
                                                      IN
                                     CRIMINAL APPEAL (ST) NO.14985 OF 2022

                       Sunil Kumar @ Piyush Gaurishankar Tiwari          .... Applicant

                                     versus

                       State of Maharashtra & Anr.                       .... Respondents
                                                        .......

                       •     Ms. Vrushali L. Maindad a/w Ms. Shaheen Kapadia, Advocate
                             for Applicant.
                       •     Mr. P. H. Gaikwad, APP for the State/Respondent No.1.
                       •     Mr. Pradeep Gharat, Spl. PP. for Respondent No.2/CBI.

                                                CORAM       : SARANG V. KOTWAL, J.

                                                DATE        : 12th OCTOBER, 2022

                       P.C. :

1. This is an application for condonation of delay of 1

year and 95 days in filing the Appeal. The Applicant is convicted

by the Special Judge under MCOCA in Special Case No.16 of

Digitally signed by 2013 along with other connected case vide Judgment and Order MANUSHREE MANUSHREE V V NESARIKAR NESARIKAR

dated 16/03/2021.

Date:

2022.10.14 14:32:17 +0530

Nesarikar 2/2 15-IA-2968-22-IN-APEAL-ST-14895-22.odt

2. Learned counsel for the Applicant submitted that the

Applicant was in jail since past 16 months and he did not have

any family member who could help him in engaging a lawyer.

The Applicant had sought help from legal aid services and

thereafter an Advocate was appointed by the Legal Services

Authority of this Court and in the process there was delay of 1

year and 95 days in filing the Appeal.

3. Learned Special Public Prosecutor appearing for the

Respondent No.2 submitted that the Appeals of co-accused are

already admitted by this Court and they are pending.

4. Considering this situation, in the interest of justice, the

delay in filing the Appeal of 1 year and 95 days is condoned.

The Appeal be processed further.

(SARANG V. KOTWAL, J.)